Legal Opinion
Landscape Forms, Inc. v. Columbia Cascade Company
Court of Appeals for the Second Circuit
Decided May 16, 1997No. 1421, Docket 96-9465PublishedCited by 205 opinions
1Opinion of the Court
OAKES, Senior Circuit Judge.
This appeal raises the difficult question of under what circumstances the law of trade dress appropriately protects industrial design. Those who would seek monopolistic protection for industrial design, but are unable to obtain a design patent, have had little success under the law of copyright even with the “conceptual separateness” gloss provided by the 1976 Act. 1 Given impetus by the Supreme Court’s opinion in Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 112 S.Ct. 2753, 120 L.Ed.2d 615 (1992), they have turned to the law of trade dress as it has evolved…
2Cases cited32 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
27 more not listed; retrieve them via the Exa API.
3Cited by205 opinions
- Fair Wind Sailing Inc v. H. DempsterCourt of Appeals for the Third Circuit · 2014
- Louis Vuitton Malletier S.A. v. LY USA, Inc.Court of Appeals for the Second Circuit · 2012
- Yurman Design, Inc. Plaintiff-Appellee-Cross-Appellant v. Paj, Inc., Doing Business as Prime Art & Jewel, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
- Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.Court of Appeals for the Sixth Circuit · 2002
- Am General Corporation and General Motors Corporation v. Daimlerchrysler CorporationCourt of Appeals for the Seventh Circuit · 2002
200 more not listed; retrieve them via the Exa API.